JUDGMENTBY: GOPAL SRI RAM JCA

GOPAL SRI RAM JCA (delivering the judgment of the court): This is an appeal against the judgment of the High Court at Ipoh, dismissing with costs the appellants claim against the respondent for several declarations, the cumulative effect of which would be to impugn the title of the respondent to the subject land. The facts of this case, made complex by the machinations of the first appellant, have been sufficiently analysed and admirably dealt with by the learned judge who tried the action. And we must say at once that he has been extremely kind in his review of the first appellants conduct. We entertain no difficulty in affirming his findings based on the veracity of the witnesses who testified before him and with his conclusion that the appellants ought to fail in the action.

But for the learned judges observations upon s 340(4)(b) of the National Land Code 1965 (the Code) which, we must say in all fairness to him, did not affect his decision, written reasons are not called for in this case. However, his judgment has since been reported in Krishnadas & Ors v Maniyam [1993] 3 MLJ 465 . And it has been referred to in at least one work upon the su